Temporary restraining orders in general.

Denver Revised Municipal Code § 37-74

in effect

Sec. 37-74. - Temporary restraining orders in general. (a) Policy. Public nuisances are a real, direct, and immediate threat to the health, safety, and welfare of the people of Denver. Public nuisances cause immediate and irreparable injury, damages and losses to the citizens of Denver and their governmental agencies. Actions at law are not an adequate remedy, and the protection of public health, safety, and welfare requires the temporary restraining orders provided in this section. Where probable cause as specified below is established, the balance of equities favors the issuance of temporary restraining orders even where this may alter the status quo pending trial to one that is lawful and free of public nuisances. Ex parte temporary restraining orders are necessary to provide rapid relief from public nuisances without the delay entailed by an adversarial hearings and personal service and to prevent persons from removing, concealing, destroying, encumbering, selling, and transferring property that may be the subject of the remedies in this article. The issuance and execution of temporary restraining orders under this article III of chapter 37 shall not be deemed a bailment of property. The owner of the property remains responsible for the maintenance, environmental clean-up, sanitation and security of property subject to temporary restraining orders and shall be permitted reasonable access to the property for these purposes upon application to the court. (b) Continuous effect of temporary restraining orders. The ex parte temporary restraining orders provided in this article III of chapter 37 shall remain continuously in effect unless modified by court order as provided in section 37-77, by stipulation of the parties, or after a trial on the merits. (1) Where a motion to vacate or modify any portion of a temporary restraining order issued under the authority of section 37-75(b), pertaining to the detention of motor vehicles or personal property is filed, set for hearing, and personally served upon the office of the city attorney, as required in section 37-77, those portions of the temporary restraining order shall continue in effect until the completion of the hearing, including the continued retention of any previously detained vehicle or item of personal property. (2) Where a motion to vacate or modify any portion of a temporary restraining order issued under the authority of section 37-75(c), pertaining to the pending physical closure of real property and the contents of buildings, is properly filed, set for hearing, and properly served upon the office of the city attorney, as required under section 37-77, those portions of the temporary restraining order authorizing the physical closure shall be held in abeyance until the probable cause hearing is concluded. (c) No security or bond. No security or bond of any type shall be required of the city in obtaining any temporary restraining order under this article III of chapter 37. (d) Form and scope of temporary restraining order. Every temporary restraining order under this article III of chapter 37 shall set forth the reason for its issuance, be reasonably specific in its terms, and describe in reasonable detail the acts and conditions authorized, required or prohibited, and is binding upon the property, the parties to the action, their attorneys, agents and employees, and any other person who receives actual notice of the order. (Ord. No. 481-98, § 1, 7-13-98; Ord. No. 671-04, § 2, 9-20-04; Ord. No. 307-19, § 7, 4-22-19)

Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH37NU_ARTIIICIABPUNU_S37-74TEREORGEFetched: 10/27/2026